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Lord v. High Voltage Software, Inc., a case from the Untied States Court of Appeals for the Second Circuit involved an employee who claimed he was terminated after he filed a complaint for sexual harassment by a co-worker, which if true would be illegal retaliation.  He also claimed his employer created a hostile work environment which is also violation of local and federal labor regulations.

typingIn this case, employee worked for a software firm that designed video games. He began working there in 2006 and was assigned to what was known as the “Omni team” since all employees were assigned to a team when hired and them moved around from time to time based upon the employee’s relative skill and the needs of the company.  In his complaint, claimant asserted that the year after he was employed, other male employees began to tease him by discussing the fact that they believed he was attracted to a particular female employee.  Continue Reading ›

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In State v. Maine State Employees Association, an employee with the state health and human services department was fired after a complaint that she had alcohol on her breath when meeting with a client. She was employed in this capacity from the mid 1980s to 2013 when she was terminated following this complaint.

kitchen-1484790Prior to her termination, she had been disciplined for drinking while on the job and entered into what the agency calls a “Last Chance Agreement.”  This occurred in 2002.  The agreement states that as condition of her continued employment, she would refrain from using or possession of any drugs or alcohol while she was being paid by her employer. In other words, she could not drink or use illegal drugs while she was on the clock. Continue Reading ›

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There is no question that having a criminal record can make it hard to get a job.  Even if it is not an outright bar to employment, you will often find that when two similarly qualified people apply for a single position, and one of the applicants has a criminal record, and the other does not, the prospective employee with a clean record tends to get hired over the other.

gavel7With a felony conviction it can be extremely difficult to get a job, and this makes things even tougher for someone who is making an honest effort to rehabilitate him or herself.  With a misdemeanor conviction, it easier to get a job, but not if the misdemeanor conviction is related to theft or a misdemeanor sex offense which is often seen as particularly bad by prospective employers who are constantly worried about being sued for creating a hostile work environment. Continue Reading ›

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A black, transgender man is accusing GE (General Electric) of discrimination, sexual harassment and retaliation after he was reportedly fired from his job of two years. He cites the treatment he received prior to his supervisors learning that he was transgender versus after. The complainant alleges in an employment lawsuit the company violated not only federal and state laws, but also a city ordinance that prohibits workplace discrimination.bathroomsign

While the company insists plaintiff was fired for repeated tardiness, plaintiff says there is a good reason for that. He said rather than allowing him to use the male bathroom near his work station, he was forced to use a bathroom that was much farther, on the other side of the property. Then when he returned, he would be reprimanded for returning late from his breaks.

The worker was employed on the production line at the company. On one occasion, he was pulled off the line to meet with a supervisor. It was during that meeting that he revealed he was transgender. From that point forward, he says, he was singled out repeatedly and go additional reprimands for alleged offenses that co-workers were not called out for. Continue Reading ›

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For the first time in nearly two decades, the U.S. Equal Employment Opportunity Commission (EEOC) has revised its guidance on the issue of workplace retaliation. This is an important issue because retaliation is the most frequently-alleged basis of discrimination in federal lawsuits. It occurs when an employer fires, demotes, harasses or otherwise takes an adverse employment action in retaliation for a worker alleging discriminatory conduct.stressed

The new EEOC Enforcement Guidance on Retaliation and Related Issues broaden and clarify the definition of what protected activities are. It also outlines the seven U.S. Supreme Court decisions on retaliation that have been handed down since the agency’s last update on the issue back in 1998.  The new guidance notes certain expansion of retaliation rules based on changes in case law. Continue Reading ›

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The U.S. Department of Labor should investigate alleged wage theft by Chipotle Mexican Grill, says U.S. Congresswoman Rosa DeLauro of Connecticut. restaurant1

The burrito chain, which last year grappled with a host of food safety problems, is now facing down allegations from 10,000 current and former workers who have joined a federal lawsuit alleging the company failed to properly pay them for the hours worked.

If the allegations are true, DeLauro said, this would be a direct violation of federal law, and would fall under the purview of the DOL. If the agency were to launch an investigation, regulators would have the power to impose federal fines.  Continue Reading ›

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Age discrimination is something we’re going to be seeing a lot more of in the coming years, as older generations are working longer and in more highly specialized fields. As of 2016, nearly 20 percent of Americans over the age of 65 are working. Some do it because they want to continue their contributions. Others do it because they have no other choice. The traditional pension that workers traditionally leaned on to sustain them in their 60s and well into their 70s just isn’t an option for most workers anymore.computer1

And then there are those like JK Scheinberg, who detailed his recent confrontation with age discrimination. He’s a former software engineer at Apple who retired at age 54 after 20 years of working at the firm. In fact, he was credited with leading the effort that moved the Mac to Intel processors.

Scheinberg explained to a New York Times reporter recently how, feeling a bit restless in his retirement, he sought a job at the Apple Genius Bar. For those unfamiliar, this is where customers can take their Apple computers when they are having difficulties or glitches.

Continue Reading ›

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Fox News announced it settled with former Anchor Gretchen Carlson – and a “handful” of other women – each of whom had filed lawsuits alleging former CEO Roger Ailes had sexually harassed them. Carlson alone received a $20 million payout.tvstudio

The station’s parent company, 21st Century Fox, owned by Rupert Murdoch and his sons, was the one that paid the settlement. Employment law experts know that the size of Carlson’s compensation is among the largest-known settlements issued for a single plaintiff in a sexual harassment lawsuit. We say “known” because many of these settlement agreements are confidential. In fact, at least two other women who were part of the sexual harassment investigation settled too, wishing to remain anonymous. Still, Ailes himself received a $40 million payout when he exited the company. He will not have to pay any of the $20 million settlement to Carlson or the other women, despite the fact that the lawsuits were originally against him personally.

Also rather unusual: 21st Century Fox issued an apology – a public one at that – to Carlson. She had filed the lawsuit over the summer, alleging Ailes removed her from the popular show and slashed her pay when she refused to have a sexual relationship with him. The apology statement conceded that Carlson was not treated with the respect and dignity she was owed.  Continue Reading ›

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A popular Bay Area restaurant chain is facing down accusations of California wage violations for failure to properly pay its kitchen staff, according to media reports. The workers accuse the company, Burma Superstar, of:

  • Failing to pay minimum wage;
  • Denying workers overtime pay;
  • Refusing workers breaks;
  • Wrongly refusing workers sick leave. asianfood

The chain is famous for its tea leaf salad, which has become wildly popular in recent years. The kitchen staffers say they prided themselves on doing a good job and worked hard to make the chain successful. The fact that they were denied fair wages was an affront not just to their finances, but to the loyalty and dedication they had shown to the job.

Workers are now pursuing class action status for the lawsuit, which was filed in Alameda County Superior Court. Plaintiffs are asking for back wages, attorneys fees and other penalties. Continue Reading ›

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A new report on Caregivers in the Workplace, published by the Center for WorkLife Law at the University of California’s Hastings College of Law, explores the ways in which family responsibilities have long been a source of workplace discrimination, and how the legal landscape is changing. father1

The report refers to this type of illegal action as “family responsibilities discrimination,” and it stems from an employer’s unwillingness to allow workers to tend to caregiving duties – i.e., pregnancy, motherhood, fatherhood care for family members who are sick or have disabilities and caring for aging or ill parents. The report was based on information from 4,400 family responsibilities discrimination cases.

What researchers are finding in many of theses instances is that employers still don’t seem to understand what their obligations are. They don’t get workers’ rights, they don’t understand what family responsibility discrimination is and they aren’t taking the time to learn how they might be liable for it.  Continue Reading ›

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